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Manufacturing

Overview

From its earliest days, Nutter has partnered with New England manufacturers to address their legal needs and business opportunities. We understand that manufacturing businesses focus on investing their resources in producing, distributing, and selling products, and need to keep their legal matters as controlled and predictable as possible. We work with our clients to anticipate their needs and make good decisions that create as much long-term benefit to their business as possible. Our attorneys regularly provide the expertise that addresses the requirements of each particular company and management team. We often advise on a wide range of areas, including corporate formation, distribution, and supply chain agreements; labor and employment matters, including executive compensation; product liability, toxic tort, and other litigation; and intellectual property, environmental, and real estate issues.

We have experience in a large number of industries, with clients that manufacture both consumer and industrial products, including paper, computers, advanced materials, aerosol cans, plastics, filters, petroleum products, windows and doors, prescription drugs, and medical and surgical devices.

Nutter’s personal approach and close partner involvement has proven to work effectively with businesses of all types, including middle-market manufacturers for whom the firm performs in a general counsel role. Whatever the size or mission of our client’s company, we know that our job is to be a resource and an asset.

The firm’s experience with large multinational companies focuses in areas where the firm has exceptional depth of expertise, such as intellectual property, government enforcement defense, and product liability. We are also called upon when companies and other counsel throughout the country and internationally require experienced local counsel with a top reputation and extensive resources.

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Representative Matters

Representative Matters

  • Manufacturer of Specialized Industrial and Technical Paper Products

    Nutter serves as national coordinating counsel to a manufacturer of specialized industrial and technical paper products, named as a defendant in asbestos cases across the country.

  • Waveguide Inc.

    Nutter represented Waveguide Inc., a New Hampshire-based company that specializes in outside plant services for the telecommunications industry, in its merger with Maicom LLC, a provider of critical infrastructure needs. 

  • Agilyx

    Nutter advised Agilyx, a leader and pioneer in chemically recycling difficult-to-recycle mixed waste plastic streams into high value low carbon circular feedstocks and fuels, on the formation of a joint venture with AmSty, a leading integrated producer of polystyrene and styrene monomer. The joint venture, Regenyx LLC, will be dedicated to fully recycling post-consumer polystyrene materials back to new polystyrene products.

  • Powerhouse Dynamics

    Nutter represented Powerhouse Dynamics, a software company based in Newton, MA, when it was acquired by merger by Middleby Corporation, a publicly traded commercial and residential cooking and industrial process equipment company based in Elgin, IL. Powerhouse Dynamics uses cloud-based controls and analytics to deliver enterprise-wide operational efficiency, food safety, and energy efficiency solutions to portfolios of small commercial facilities, including restaurants, convenience stores, retailers, and more.

  • Lallemand USA, Inc.

    Nutter advised Lallemand USA, Inc. when it acquired Scott Laboratories Inc. (USA) and Scott Laboratories Ltd. (Canada), privately-held companies specializing in value-added products for the North American wine, craft brewing, and distilled spirits industries.

  • Lallemand USA, Inc.

    Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

  • Lallemand USA, Inc.

    Nutter advised Lallemand USA, Inc., a U.S. subsidiary of the global yeast manufacturing company, in its asset acquisition of a yeast manufacturing plant and business based in North Dakota.

  • Atlas Devices

    Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital. 

  • OSRAM

    Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

  • Hyundai Motor America

    Nutter represented Hyundai Motor America in an automotive products liability trial that involved a claim that the brake and accelerator pedal configuration of an automobile was conducive to simultaneous depression of the pedals and unintended acceleration, resulting in serious personal injuries. After a seven-day trial, the jury returned a defense verdict in favor of Hyundai Motor America.

  • Wincove Private Holdings LP

    Nutter advised Wincove Private Holdings, LP, an investment holding company with offices in Boston and New York, when it led a recapitalization of Aloi Solutions, LLC.

  • LINTEC USA Holding, Inc.

    Nutter advised LINTEC USA Holding, Inc., a wholly owned U.S. subsidiary of Japan-based LINTEC Corporation (TYO: 7966), in its acquisition of VDI, LLC, a functional film manufacturer headquartered in Kentucky.

  • Madico, Inc.

    Nutter advised Madico, Inc., one of the world’s leading manufacturers of automotive, solar, safety, and security films, in its acquisition of select assets of ClearPlex Corporation, an established supplier of protection films based in Draper, Utah.

  • Harvey Building Products, Inc.

    Nutter represented Harvey Building Products in its sale to Dunes Point Capital after a full auction process.

  • Lallemand, Inc.

    Nutter advised Lallemand USA, Inc., a U.S. subsidiary of a global yeast manufacturing company, when it acquired 100% of the equity of USA Yeast Company, LLC, a yeast manufacturing plant and business based in Mississippi.

  • CIRCOR International, Inc.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

  • Represented large pharmaceutical company in a federal investigation involving allegations of off-label promotion

    Nutter acted as outside counsel for one of the world's largest health care companies in a six-year investigation into alleged off-label use of one of its leading products.

  • Defense verdict in U.S. District Court

    Sarah Kelly was part of a team that secured a defense verdict for its client after a four-week jury trial in the U.S. District Court for the District of Massachusetts. A major European luxury hotel brought suit against Nutter’s client based on the client’s alleged connection to a significant fire at the hotel. The hotel claimed that the client was responsible for this fire because one of the client’s guests, a customer, negligently discarded a cigarette in her hotel room.

    After four years of discovery and motion practice, Nutter presented its case to a jury, demonstrating not only that its client was not negligent but that the hotel’s fire safety practices were inadequate. The trial lasted four weeks, while the jury deliberated for less than a day before rendering a verdict entirely in favor of Nutter’s client. 

  • Large Printing Company

    Nutter obtained a jury defense verdict for a large printing company on a multimillion dollar claim arising from allegations of widespread hazardous exposure to lead dust.

  • Obtained favorable settlement on patent infringement claims

    Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.

  • National representation of medical device manufacturer in real estate matters

    Nutter represented a medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, and environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements, and other consulting arrangements.

  • Litigation support and strategy

    Nutter developed strategy and provided litigation support for an herbicide manufacturer that successfully enforced IP rights against two competitors, resulting in early favorable settlements.

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